In accordance with section 106.03 of the Ohio Revised Code (ORC), each state agency is required to review each of its rules in the Ohio Administrative Code a minimum of once every five years.  The intent of the review is to ensure that Administrative Code rules are clearly written and that program requirements are accurate, up-to-date based on regulations from the United States Department of Agriculture (USDA) Food and Nutrition Services (FNS) and clearly expressed.  To the extent possible, unnecessary paperwork will be eliminated, local agencies will be given increased flexibility, and any adverse impact on businesses will be eliminated or reduced.  As a result of the review, the agency may amend the rules; rescind the rules; or continue the rules without amendment.

Ohio Administrative Code (OAC) rules 5101:4-3-11.1, 5101:4-3-20, 5101:4-3-20.1, 5101:4-3-29, 5101:4-3-30, 5101:4-3-31, 5101:4-3-32 and 5101:4-3-36 have been amended and new rules 5101:4-3-39 and 5101:4-3-40 are adopted to implement the addition of two new Supplemental Nutrition Assistance Program (SNAP) Employment and Training (E&T) program components (Work-based Learning and Job Retention) and to add that county agencies must offer certain SNAP E&T components beginning in federal fiscal year 2023.  OAC rule 5101:4-3-11 was amended to clarify exemption language based on federal regulations.

These rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR).  The changes will become effective on 06/16/2022.

Chapter 3000

5101:4-3-11 "Food Assistance: Work Registration and Exemptions."

This rule describes the process for determining which supplemental nutrition assistance program (SNAP) recipients are subject to the work registration requirements.  Paragraph (B)(5) was amended to clarify that an individual claiming a temporary disability does not need to register for SNAP E&T once the temporary disability ends.

5101:4-3-11.1 "Food Assistance: Work Registration Requirements."

This rule describes the work registration requirements of a work registered individual.  Changes to the rule include amending paragraph (B)(2) to clarify that participants are not to receive a sanction for failure or refusal to participate in job retention services.

5101:4-3-20 "Food Assistance: Able-Bodied Adults Without Dependents."

This rule describes the process for determining who is considered an able-bodied adult without dependents (ABAWD); the work registration, SNAP E&T and work requirements applicable to ABAWDs; and the ABAWD time limit. Changes to the rule include: 

• Paragraph (B)(2)(b)(i)(a) was added to clarify when individuals are assigned to work-based learning and the maximum allowed hours are less than 20 per week, they are to be assigned to another SNAP E&T activity; and
• Paragraph (B)(2)(b)(i)(b) was added to clarify that hours spent receiving supportive services through job retention activities are not to count toward the ABAWD work requirement.

5101:4-3-20.1 "Food Assistance: Regaining Eligibility."

This rule describes the process for ABAWDs who have reached the ABAWD time-limit to regain SNAP eligibility. Changes to the rule include: 

• Paragraph (B) was reordered due to the addition of new paragraph (B)(2);
• Paragraph (B)(2) was added to clarify that the hours spent receiving supportive services as part of a job retention activity are not to count towards regaining eligibility due to reaching the ABAWD time-limit; and
• Minor grammatical changes for clarity.

5101:4-3-29 "Food Assistance Employment and Training: Case Management."

This rule describes the process for providing case management services for individuals required to participate in SNAP E&T.  Changes to the rule include minor changes for clarity.

5101:4-3-30 "Food Assistance Employment and Training Program."

This rule describes the requirements of the SNAP E&T program.  Changes to the rule include: 

• Paragraph (B)(2)(a) was amended to state that beginning with federal fiscal year 2023, county E&T programs are to consist of education and training, supervised job search and work experience program (WEP); and
• Paragraph (B)(2)(b) was added due to the addition of job retention and work-based learning components which may be offered at the county agency's option.

5101:4-3-31 "Food Assistance Employment and Training: Required Hours."

This rule describes the hour requirements of the SNAP E&T program.  Changes to the rule include: 

• Paragraph (A)(1) was amended to include work-based learning programs;
• Paragraph (A)(4) was added to explain the timeframes of job retention services; and
• Paragraph (C)(3) was added to explain a volunteer in work-based learning is subject to the Fair Labor Standards Act unless they are paid a wage at least equal to the higher of the applicable federal or state minimum wage.

5101:4-3-32 "Food Assistance Employment and Training: Supportive Services."

This rule describes processes and procedures for county agencies to provide necessary supportive services for individuals participating in SNAP E&T.  Changes to the rule include: 

• Paragraph (A)(2) was added to explain that supportive services may also be offered as part of job retention services;
• Paragraph (D) was amended to clarify that an individual is to be provided good cause for non-participation when publicly funded child care is not available; and
• Minor language changes for clarity.

5101:4-3-36 "Food Assistance Employment and Training: Displacement of Other Persons."

This rule describes the prohibition on the displacement of other persons from employment in regards to SNAP E&T.  Changes to the rule include: 

• Paragraph (B) was amended to include work-based learning;
• Paragraph (B)(1) was amended to include work-based learning; and
• Paragraph (B)(2) was added to explain that work-based learning participants are to be provided the same benefits and working conditions that are provided at the job site to employees performing comparable work for comparable hours.

5101:4-3-39 "Food Assistance Employment and Training: Job Retention."

This new rule describes the job retention component of the SNAP E&T program.  This rule includes: 

• A description of job retention services;
• The goal of job retention services;
• The types of activities that may be provided as part of job retention services;
• Who can receive job retention services;
• The time limits of job retention services;
• How job retention services count toward the ABAWD work requirement; and
• An explanation that a sanction should not be applied for failing to participate in job retention services.

5101:4-3-40 "Food Assistance Employment and Training: Work-Based Learning."

This new rule describes the work-based learning component of the SNAP E&T program.  This rule includes:  

• A description of work-based learning;
• The goal of work-based learning;
• The types of activities that may be provided as part of work-based learning;
• Who can be a work-based learning provider;
• How income from subsidized employment is to be treated;
• How long subsidized employment or apprenticeship activities may last; and
• The county agency's responsibility when assigning an individual to work-based learning.